Rodriguez-Badiola, K. J. D. (2018). Analyzing the loopholes in case build-up, investigation, and prosecution of illegal drugs offenses (Unpublished master's thesis). Public Management Development Program, Development Academy of the Philippines.

Public Management and Development Program Senior Executive Class Batch 6 Thesis (SEC)--Development Academy of the Philippines.

This management case is about the Office of the City Prosecutor in Guevarra ("OCP Guevarra") - Guevarra City's investigation of two illegal drugs cases and prosecution thereof in court trial. The first case illustrates management failure resulting to the acquittal of the accused in the court case whereas the second is success resulting to the conviction of the accused. The criminal complaints in these two cases were both filed with the OCP Guevarra after conducting its case build-up operations. The first case involves case build-up on a person suspected of maintaining a drug den, where a PNP operative using a spy camera conducted surveillance in the house of suspect Miguel Salvador ("Miguel"). Video footage from surveillance showed Miguel repacking shabu in the presence of another person Fernan Cruz ("Fernan"), and later a pot session was held in the same house. Using the video footage as evidence, a Search Warrant for possession of dangerous drugs against Miguel was obtained by PNP Guevarra from the court. A PNP team implemented the Warrant and found illegal drugs and paraphernalia in Miguel's house, but he himself was not present in the premises. Instead, the Team found Fernan in the premises and he was arrested. The PNP Guevarra filed with OCP Guevarra a criminal complaint against Fernan for "visiting a drug den" - a violation of the Comprehensive Dangerous Drugs Act ("Dangerous Drugs Act"). After conducting preliminary investigation on the complaint, the OCP Guevarra concluded with a Resolution finding probable cause to charge Fernan in court for violation of the Dangerous Drugs Act. He pleaded not guilty and merely denied the charges. Trial lasted three years ending with the Regional Trial Court Guevarra ('trial court") acquitting Fernan because the elements of the crime of Visiting a Drug Den were not proven beyond reasonable doubt. The second case involves a buy-bust operation conducted by PNP Guevarra where Renato Torillo ("Renato") was arrested after being caught in flagrante selling illegal drugs to a poseur-buyer. On the same day, PNP Guevarra filed an inquest complaint against him with the OCP Guevarra for: (1) selling dangerous drugs, and (2) possession of dangerous drugs and drug paraphernalia, violation of the Dangerous Drugs Act. OCP Guevarra conducted inquest investigation on the complaint and issued a Resolution finding probable cause to charge Renato in court for violation of the Dangerous Drugs Act. Unlike the case of Fernan, however, the trial court convicted Renato of all criminal charges filled against him after a trial that lasted more than two years. In both cases, prosecutors from the OCP Guevarra prosecuted the criminal cases against Fernan and Renato in court, using evidence gathered by the PNP Guevarra whose operatives were presented as witnesses for the prosecution. The Public Attorney's Office acted as the defense counsel for the two accused. This management case shows that there maybe loopholes in the case build-up stage of anti-illegal drugs cases, as well as in the preliminary investigation and prosecution of these criminal cases in court. Considering the cost in terms of time and manpower that is incurred in each case by the government and the accused, addressing these loopholes shall benefit all stakeholders concerned.